IMPORTANT POINT
The court established that under the Bihar Industries Commercial Policy, 2016, authorities must consider unavoidable circumstances affecting compliance with allotment conditions and allow for opportunities to rectify such situations.

JUDGMENT :

(A. Abhishek Reddy, J.) :

Heard the learned counsel for the parties.

2. This writ petition has been filed for the following releifs;

“(i) To quash the Office Order bearing Memo No. 801, dated 29.12.2022, passed by the Deputy General Manager, Industrial Area. Patna Cluster, BIADA, Patna, Bihar (respondent no. 6) in the light of the order of Joint Managing Director, BIADAM (Respondent No. 4). whereby and whereunder, the Plot No. O-7(P), admeasuring a total area of 5000 Sq Ft allotted to the petitioner under Lease Deed dated 07.06.2018 has been cancelled.

(ii) To quash the order dated 07.03.2023 passed by the Principal Secretary. Department of Industries, Government of Bihar (Respondent No.2), in Appeal No. 102 of 2023, by which the order dated 29.12 2022. passed by the Deputy General Manager, Industrial Area, Patna Cluster BIADA, Bihar Patna (respondent no. 6) has been duly affirmed and the Appeal was rejected.

(iii) For a direction upon the Respondent Authorities not to allot petitioner's Plot No. O-7(P) to any other person, till the disposal of the writ application.

(iv) For directing the respondents not to take any coercive steps against the allotment of the petitioner till the disposal of the writ petition.

(v) For any other relief or rleiefs for which the petitioner is found entitled in the eye of law.”

3. Learned counsel for the petitioner has stated that due to unavoidable circumstances like Covid-19 etc., the petitioner could not start the commercial production and the same is not deliberate but for the reasons beyond the control of the petitioner and therefore, an opportunity may be given to the petitioner to start commercial production.

4. Learned counsel for the petitioner has stated that under the similar circumstances, a Division Bench of this Hon’ble Court in C.W.J.C. No. 15567 of 2022 (M/s Maa Kali Food Products Industrial Growth Centre, Maranga Vs. The State of Bihar & Ors.) dated 02.12.2022 has set aside the order of Bihar Industrial Area Development Authority (hereinafter referred to as “the BIADA”) based on the undertaking given by the petitioner therein and an opportunity was given to the industry to start its commercial production.

5. Learned counsel for the petitioner has stated that the petitioner has also filed an undertaking before this Court which reads as under:-

“1. That I am Petitioner in the present case and sole proprietor of M/s Prerna Agro Food Products and as such am well acquainted with the facts and circumstances of the case.

2. That in compliance of the order dated 15.09.2023 passed by this Hon'ble Court in C.W.J.C No. 5269/2023, I am giving the present undertaking on affidavit.

3. That I shall start commercial production within 90 days from the date on which the order of cancellation dated 07.06.2018 is recalled by the BIADA.

4. That I further undertake that within nine months I shall make the unit fully operational and functional at least to the capacity of 80% production as per original term of the allotment.

5. That I shall clear all update admitted dues (if any) payable to BIADA, within four weeks from the date of handing over possession/recall of the order of cancellation.

6. That the petitioner further undertakes and ready to give bank guarantee of Rs 1, 00,000/-(Rupees One Lakhs) vide Performance Bank Guarantee No. 4403IPEBG230002 Date: 04.10.2023 for an amount of Rs. 1,00,000/-.

7. That I shall clear all the dues against GST/Electricity charges.

8. That I further undertake that in the event of failure to comply with the undertaking given by me, BIADA shall take over vacant and peaceful possession of the premises with liberty for further allotment to 3rd party and I shall loose all rights over the land/ premises.

9. That I shall be liable for the initiation of the contempt proceedings for having violated the present undertaking furnished to this Hon'ble Court.

10. That I will abide myself by the contents as given in the present undertaking.”

6. Having regard to the above said und